Page 41 - The Piper Associate Handbook - August 2015

The Piper
Associate Handbook
National Guard, full-time National Guard duty, the commissioned corps of the Public Health Service, and any other category of individuals the President may designate in a time of war or national emergency.
3. “Service in the uniformed services” under USERRA includes active duty, active duty for training, initial active duty for training, full-time National Guard duty, and absence from work for an examination to determine an individual’s fitness for any of the above types of duties.
4. The associate or an appropriate military officer must give the employer advance notice (either written or oral) of the leave. No notice is required, however, if military necessity prevents the giving of notice or such notice is otherwise impossible or unreasonable.
5. The cumulative length of service that causes a person’s absence cannot exceed five years, with certain exceptions including service under an order to remain on active duty because of a war or national emergency declared by the President or Congress.
6. An employer cannot dictate either the frequency or length of military leave taken by its workers. Additionally, an employer cannot require associates to use earned Paid Time Off while performing military duty.
7. USERRA does not require employers to pay associates while they are absent for military duty. If associates are salaried and exempt, however, the Fair Labor Standards Act prohibits the employer from deducting the associate’s salary for temporary military leave.
8. Associate rights
o Under USERRA, restoration rights are based on the duration of military service rather than the type of military service (e.g., active duty for training or inactive duty), except for fitness- for-service examinations. The time limits for work are as follows:
o Less than 31 days service: By the beginning of the first regularly scheduled work period after the end of the tour of duty, plus time required to return home safely and an eight hour rest period. If this is impossible or unreasonable, then as soon as possible.
o 31 to 180 days: The associate must apply for reemployment no later than 14 days after completion of military service. If this is impossible or unreasonable through no fault of the Associate, then as soon as possible.
o 181 days or more: The associate must apply for reemployment no later than 90 days after completion of military service.
o Service-connected injury or illness: Reporting or application deadlines are extended for up to two years for Associates who are hospitalized or convalescing.
9. Depending on the length of leave, returning veterans must be reinstated either to the position they would have attained, their former position, or one with similar seniority, status, and pay.
10. Veterans returning from active duty, once reinstated, cannot be fired except for cause for a period of one year if the service period was more than 180 days or for six months if the service
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